Bill Text: NY S06020 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the state board of parole to require a violent felony offender to serve his or her maximum term, if, by clear and convincing evidence, release would pose an imminent threat to society; authorizes the withholding of good behavior allowances of violent felony offenders by the state board of parole upon such a finding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-05-22 - referred to correction [S06020 Detail]

Download: New_York-2011-S06020-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6020
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law,  in  relation  to  denial  of  parole  to
         certain  inmates  who  have been convicted of a violent felony offense
         when the state board of parole finds, by convincing evidence, that the
         release of such inmate would pose an imminent threat to  society;  and
         to amend the correction law, in relation to making the earning of good
         behavior allowances for violent felony offenders contingent upon their
         not being an imminent threat to society upon release
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
    2  penal law, as amended by section 127-d-1 of subpart B of part C of chap-
    3  ter 62 of the laws of 2011, is amended to read as follows:
    4    (b)  A  person  who  is  serving one or more than one indeterminate or
    5  determinate sentence of imprisonment shall, if he or she so requests, be
    6  conditionally released from the  institution  in  which  he  or  she  is
    7  confined when the total good behavior time allowed to him or her, pursu-
    8  ant  to  the  provisions of the correction law, is equal to the unserved
    9  portion of his or her term, maximum  term  or  aggregate  maximum  term;
   10  provided,  however,  that  (i) in no event shall a person serving one or
   11  more indeterminate sentence of imprisonment and one or more  determinate
   12  sentence   of  imprisonment  which  run  concurrently  be  conditionally
   13  released until serving at least six-sevenths of the determinate term  of
   14  imprisonment which has the longest unexpired time to run; and (ii) in no
   15  event  shall  a  person  be  conditionally released prior to the date on
   16  which such person is first eligible for  discretionary  parole  release;
   17  AND  (III) IN THE EVENT THAT THE STATE BOARD OF PAROLE FINDS, IN WRITING
   18  AND BY CONVINCING EVIDENCE, THAT THE RELEASE OF  A  PERSON  SERVING  ANY
   19  SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A VIOLENT FELONY OFFENSE,
   20  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD
   21  POSE AN IMMINENT THREAT TO SOCIETY, SUCH  PERSON  SHALL  NOT  BE  CONDI-
   22  TIONALLY  RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR HER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13711-03-2
       S. 6020                             2
    1  TERM, MAXIMUM TERM OR AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE  GREAT-
    2  EST.   The conditions of release, including those governing post-release
    3  supervision, shall be such as may be  imposed  by  the  state  board  of
    4  parole in accordance with the provisions of the executive law.
    5    Every  person  so released shall be under the supervision of the state
    6  department of corrections and community supervision for a  period  equal
    7  to  the  unserved  portion  of the term, maximum term, aggregate maximum
    8  term, or period of post-release supervision.
    9    S 2. Paragraph (b) of subdivision 1 of section 70.40 of the penal law,
   10  as amended by section 127-e of subpart B of part C of chapter 62 of  the
   11  laws of 2011, is amended to read as follows:
   12    (b)  A  person  who  is  serving  one  or  more than one indeterminate
   13  sentence of imprisonment shall, if he or  she  so  requests,  be  condi-
   14  tionally  released  from  the institution in which he or she is confined
   15  when the total good behavior time allowed to him or her, pursuant to the
   16  provisions of the correction law, is equal to the  unserved  portion  of
   17  his or her maximum or aggregate maximum term; PROVIDED, HOWEVER, THAT IN
   18  THE  EVENT  THAT  THE  STATE  BOARD  OF  PAROLE FINDS, IN WRITING AND BY
   19  CONVINCING EVIDENCE, THAT THE RELEASE OF A PERSON SERVING  ANY  SENTENCE
   20  OF  IMPRISONMENT  FOR  THE  CONVICTION  OF  A VIOLENT FELONY OFFENSE, AS
   21  DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE, WOULD  POSE
   22  AN  IMMINENT  THREAT  TO SOCIETY, SUCH PERSON SHALL NOT BE CONDITIONALLY
   23  RELEASED OR PAROLED AND SHALL REMAIN IMPRISONED FOR HIS OR  HER  MAXIMUM
   24  TERM  OR  AGGREGATE MAXIMUM TERM, WHICHEVER SHALL BE GREATER. The condi-
   25  tions of release, including those  governing  post-release  supervision,
   26  shall  be such as may be imposed by the state board of parole in accord-
   27  ance with the provisions of the executive law.
   28    Every person so released shall be under the supervision of the depart-
   29  ment of corrections and community supervision for a period equal to  the
   30  unserved  portion  of  the maximum, aggregate maximum term, or period of
   31  post-release supervision.
   32    S 3. Paragraph (a) of subdivision 1 of section 803 of  the  correction
   33  law,  as  amended  by section 37 of subpart B of part C of chapter 62 of
   34  the laws of 2011, is amended to read as follows:
   35    (a) Every person confined in an institution of  the  department  or  a
   36  facility in the department of mental hygiene serving an indeterminate or
   37  determinate sentence of imprisonment, except a person serving a sentence
   38  with  a  maximum  term  of life imprisonment, may receive time allowance
   39  against the term or maximum term of his or her sentence imposed  by  the
   40  court.  Such  allowances  may be granted for good behavior and efficient
   41  and willing performance of duties assigned or progress  and  achievement
   42  in  an  assigned  treatment  program,  and may be withheld, forfeited or
   43  canceled in whole or in part for bad  behavior,  violation  of  institu-
   44  tional  rules  or  failure  to perform properly in the duties or program
   45  assigned.  PROVIDED, HOWEVER, THAT ANY TIME ALLOWANCE EARNED PURSUANT TO
   46  THIS SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A  VIOLENT
   47  FELONY  OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL
   48  LAW SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON  A  FINDING,  IN
   49  WRITING AND BY CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN IMMI-
   50  NENT THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
   51    S  4.  Paragraph (a) of subdivision 1 of section 803 of the correction
   52  law, as amended by chapter 126 of the laws of 1987 and as designated  by
   53  chapter 738 of the laws of 2004, is amended to read as follows:
   54    (a)  Every  person  confined  in an institution of the department or a
   55  facility in the department of mental hygiene  serving  an  indeterminate
   56  sentence  of  imprisonment,  except  a  person serving a sentence with a
       S. 6020                             3
    1  maximum term of life imprisonment, may receive  time  allowance  against
    2  the  maximum  term or period of his sentence not to exceed in the aggre-
    3  gate one-third of the term or period imposed by the court.  Such  allow-
    4  ances  may  be  granted  for  good  behavior  and  efficient and willing
    5  performance of  duties  assigned  or  progress  and  achievement  in  an
    6  assigned  treatment  program, and may be withheld, forfeited or canceled
    7  in whole or in part for bad behavior, violation of  institutional  rules
    8  or  failure  to  perform  properly  in  the  duties or program assigned.
    9  PROVIDED, HOWEVER, THAT ANY  TIME  ALLOWANCE  EARNED  PURSUANT  TO  THIS
   10  SECTION BY A PERSON SERVING A SENTENCE FOR CONVICTION OF A VIOLENT FELO-
   11  NY  OFFENSE DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW
   12  SHALL BE WITHHELD BY THE STATE BOARD OF PAROLE UPON A FINDING, IN  WRIT-
   13  ING  AND BY CONVINCING EVIDENCE, THAT SUCH PERSON WOULD POSE AN IMMINENT
   14  THREAT TO SOCIETY IF RELEASED FROM INCARCERATION.
   15    S 5. This act shall take effect immediately; provided that the  amend-
   16  ments  to  paragraph  (b) of subdivision 1 of section 70.40 of the penal
   17  law made by section one of this act shall be subject to  the  expiration
   18  and  reversion of such paragraph pursuant to subdivision d of section 74
   19  of chapter 3 of the laws of 1995, as amended, when upon  such  date  the
   20  provisions  of  section two of this act shall take effect; and provided,
   21  further that the amendments to section 803 of the correction  law,  made
   22  by  section  three  of  this act, shall be subject to the expiration and
   23  reversion of such section pursuant to subdivision d  of  section  74  of
   24  chapter  3  of  the  laws  of  1995, as amended, when upon such date the
   25  provisions of section four of this act shall take effect.